Re Application No. 332/57 (Lawless v. Republic of Ireland).

Abstract

State responsibility — For breaches of treaty obligations — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950 — Individual applications — Exhaustion of local remedies — Remedies in the ordinary courts and whole system of legal remedies available in State — Whether both must be exhausted.

Treaties — Operation of — Exception clauses — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950 — Article 15 (right of derogation) — Existence of “public emergency threatening the life of the nation” — Whether subject to review by Commission.

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Human Rights Commission — Individual applications — Exhaustion of local remedies — Ineffective remedy — Article 17 of Convention — Acts and activities aimed at destruction of rights and freedoms set forth in Convention — Article 15 — Derogations — Article 27 (2) — Whether application “manifestly ill-founded” — Whether application an “abuse of the right of petition” — Limit of power of Commission to consider admissibility of application.